Music In the Antitrust Crosshairs

File this one under “be careful what you wish for.” Two years ago, a group of major music publishers, along with ASCAP and BMI, which collect performance royalties on behalf of songwriters and publishers, asked the Department of Justice to consider changing how it enforces the antitrust consent decrees that have governed the two leading PROs, to allow publishers to withdraw digital rights to their repertoire from the PRO blanket licenses.

DOJ took it under advisement and this week gave its answer, according to a report by Billboard, and it was not at all what the publishers were hoping for.

elizabeth_warrenUnder the decrees, ASCAP and BMI are not allowed to pick and choose which songs in their catalogs to license. They must either grant a blanket license to the entire catalog or not at all. Thus, if a song is in their catalog for one use it’s in it for all uses.

The publishers raised the issue because they were unhappy with the royalty rate that internet radio services (cough — Pandora — cough) were paying under the compulsory performance license available to broadcasters, including internet broadcasters. Those rates are set by the rate courts that oversee the consent decrees and get collected by ASCAP and BMI. Having failed to persuade the courts to raise them, the publishers wanted to be able to withdraw digital rights to their songs in the PROs’ catalogs and negotiate directly with internet broadcasters.

This week, according to the Billboard report, DOJ said no. Read More »

Fighting Fraud And Piracy With Blockchain

Anyone who has ever posted a photograph or original piece of artwork on the internet knows that credit is fleeting. No sooner is it pinned, retweeted or shared then any metadata or watermark linking it to its source is stripped away or simply left behind as it spirals across social media platforms. By the time it reaches the end of the viral chain, even if someone wanted to offer proper attribution that information is all-but impossible to find.

A growing number of entrepreneurs are starting to tackle the issue of digital attribution and authentication, however, by leveraging the Bitcoin screenshot-www.verisart.com 2016-03-24 18-34-07blockchain. This month, New York-based Blockai and Los Angeles-based Verisart went live with new services that allow creators to register their works on the blockchain to create a permanent, indelible record certifying their patrimony and ownership.

The startups join a growing list of blockchain-based authentication services targeting the graphic arts, including Monegraph, ConSensys, ascribe, Stem, Mediachain and others. Just as the blockchain provides an open, self-verifying and decentralized ledger of Bitcoin transactions, it can also be used as a self-verifying database of other types of time-stamped events, such as the registration of a copyright. Those records, moreover, can contain a variety of kinds of data, including a hash of the work itself, the metadata to be associated with it, and information about permitted uses. Thus, any new instance of the work without that metadata would not match the original record and would be shown to be a copy. The permanent records also make it possible to recover the metadata even after it has been stripped away through subsequent uses of the work. Read More »

Vizio Gives Its New TVs A Mobile Heartbeat

For people who still want to watch TV programming on a big-screen TV, cutting the cord means accepting a series of kludges. You can use the built-in apps on your smart TV to stream Netflix, Hulu and other popular over-the-top channels, but you’re still stuck navigating through menus and login screens using a point-and-click remote that’s often less functional than an ancient cable remote navigating a grid-style program guide.

You could buy a new Apple TV device with it’s sleek-looking, touch-based remote, but you’ll still be scrolling through menus and fumbling through on-screen, point-and-click keyboards. You can use a Chromecast dongle, and do your navigating on a mobile device, but Chromecast basically just turns the TV into a dumb display. Your mobile device isn’t really talking directly to the TV — the dongle is simply discovering your tablet or google_chromecast_2_hdmi_port_thumbsmartphone inputs by virtue of being on the same network and then fetching the content requested itself — which introduces latency between command and response. And if you need to answer your mobile phone in the middle of a show it can interrupt your cast.

But the biggest problems with most connected TV streaming platforms, whether embedded in the TV itself or implemented in a set-top box, are that their operating systems are generally static and the apps you use are no one’s priority.

TV makers are not really OS companies, and their streaming platforms show it. The UIs are primitive, and the OS functionality is limited by the computing horsepower — often not very much — built in at the time of manufacture. Since people generally don’t replace their TVs very often — certainly compared with how often they upgrade their phones — OS upgrades are limited to firmware updates, which don’t happen very often. Read More »

Paramount Needs A Strategy, Not a Strategic Investor

Under pressure from investors to “do something” about its plunging share price, Viacom has agreed to sell a minority stake in Paramount Pictures in hopes of boosting Wall Street’s valuation of the studio, which has lagged its peers for much of the past decade. But CEO Philippe Dauman has made it clear he intends for Viacom to remain in firm control of Paramount and is interested only in “strategic” partners.

“We have received indications of interest from potential partners seeking a strategic investment in Paramount Pictures and I have decided to pursue discussions with a select group of potential investors,”  Dauman said in a statement. “In this time of change and enormous opportunity in tom_cruise_MIour industry, a partnership will bring significant benefit to Paramount and Viacom, both strategically and financially, provide new opportunities for Paramount’s employees and talent, and enhance long-term value for all Viacom shareholders.

“Paramount Pictures has been a leading motion picture studio for more than a century and is among a select few that has significant reach and scale, a deep library, a robust pipeline with proven global franchises, and a high potential television production operation,”  Dauman added. “In addition, the value of motion picture content continues to increase with the explosion of screens and the rapid expansion of the global theatrical market. This is the perfect time to explore new strategies to capitalize on Paramount’s content expertise and global platform, maximize opportunities for its continued growth, and unlock the value of the business for the benefit of shareholders.” Read More »

Apple’s Risky New Metric

With iPhone sales flattening, Mac revenues eroding and iPad sales falling, Apple broke out a new metric in its Q4 (fiscal Q1) earnings release Tuesday in a bid to direct analysts’ and investors’ attention toward those parts of the business that are still showing robust growth.

According to the “Earnings Supplemental Material” released with the earnings report, the “active installed base” of iOS devices has reached 1 billion, a figure Apple CEO Tim Cook said the subsequent analyst call has actually now been exceeded. That figure, which CFO Luca Maestri said Apple-TV-4reflects 25 percent year-over-year growth, represents the total number of iOS devices out there actively downloading apps, using Apple Music, buying music from iTunes, using iCloud and other Apple services in the last 90 days. And it underpinned, Cook and Maestri repeatedly stressed, $5.5 billion in revenue for Apple in the quarter ($4.7 billion net of the portion of some service revenue shared with rights owners), an increase of 15 percent over the same quarter last year.

“The market has not fully understood that we have a portion of our business directly tied to our incredible installed base that’s not driven by quarterly results,” Maestri said. “Those customers engage with our services and that business, which is a $20 billion business, is growing at more than 25 percent during the last 12 months.” Read More »